Out of Status please help

[user08]

Hi,

I am on L2 and working for a company. Me and My husband applied for H1 B this year and my husband's H1 is approved and there was a RFE on my case and company said they are going to send the reply in next 10 days and they are saying it's going to take minimum 60 days for approval after they USCIS recieve the docs . As I am out of status(L2) I am planning to go to India next week and took leave from my company for about 45 days. I have the following questions here.

1. Is it ok if I travel when there was RFE on my case?, since I am out of status I am thinking I have to go..?

2. If my H1B is Approved when i am in india and if I go to consulate for stamping will there be any problems..

3. Can I come to USA on H4 if my case is still pending (H1B) after 2 months and then apply COS from H4 to H1B.

4. I am not telling my H1 employer that I am going to India will there be any problems from his side if I apply COS from h4 to H1B.

Please help me.

[txh1b]

1. You are not truly out of status as you have a pending H1b case. You are in authorized stay period. However, it is better for you to leave as in case of the H1b denial, you would have accumulated out of status period.

2. Depends on your employer.

3. Yes but you have to wait for approval first and again wait for COS approval to work.

4. You would have to tell them eventually as you cannot apply for a COS but employer has to file an amendment to the H1b or you have to travel and get a visa stamped.

[user08]

Out of status pls help

Thank you so much for your reply.

Is it a better suggestion to go to India and wait till H1 B approves then go for stamping ...?, or wait here to see my luck if H1B approves

[sam2075]

Did your husband get his H1B with extended i94?
Did he start working already on H1B or is he still on L1, if he is still on L1 then you are in status. if not then you are out of status.

Assuming that your husband is still on L1, which keeps your status active and receiving an RFE on your H1B doesnt make you out of status.

It would make more sense for your husband to start working on his h1b, after you get your H4 or H1, whichever is earlier.

This is my understanding, experts pl correct if anything wrong.


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I am not an attorney, pl use the posted suggestions at your risk.

[user08]

Thank you Sam.

My husband applied COS and his H1B Approved , right now he has not started working for H1b employer. Mostly he will be joining from 15th of this month.
Whats going to be my status Now ? and after 15th?.

Seniors please advice.

[txh1b]

Your husband is out of status currently if he had a COS and not working on H1b. You, as a pending H1b applicant, are in a psuedo status called "Period of Authorized stay by the attorney general".

Sam is partly incorrect in his interpretation but would definitely be right if you did not have a pending H1b petition.

[C4us]

But you may not work based on your L2 status after your husband's COS date. Assuming that his COS effective date to be Oct 1, I hope your husband is not still working on his L1 since it is now illegal for him to be doing after that date.

[user08]

Guys, Thanks to you all.

Now we are very clear with the L2 status, "Authorized Stay", and "Authorized Staus".

TXH1B: Special thanks to you, for your advise of ""Period of Authorized stay by the attorney general". We have gone thru lot of docs related to this now.

C4US: Thanks for your suggestion.

One Final Question: Can my husband go for leapfrog now ? If we go for leapfrog any chances of getting denied entry on L1 VISA ? L1 is valid till Oct2009, but dont know whether L1 gets VOID with H1 COS.

Thanks again.

[C4us]

L1 is not void. If he chooses to leapfrog, he will have to do another COS or leave for stamping to work on H1B.

How confident is your employer on their answer to RFE? Since you may have to choose between H1B/H4 or L1/L2, it would help you make plans if you had a feel for the likelihood of success for your petition.